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(영문) 수원지방법원안양지원 2016.05.20 2015가단21637
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from December 30, 2015 to May 20, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 7, Eul evidence 1 and 2:

The plaintiff and C are legally married couple who completed the marriage report on June 2, 1989.

B. Around November 2013, the Defendant became aware of C while entering the Defendant’s working company, and thereafter C knew of the spouse’s existence, and entered into a sexual intercourse with C.

2. Determination as to the cause of action

A. According to the above fact of recognition of the liability for damages, the defendant's act of entering into a sex relationship with C with C knowing that C has a spouse constitutes an unlawful act against the plaintiff.

Since it is clear in light of the empirical rule that the plaintiff suffered severe mental pain due to the defendant's and C's misconduct, the defendant is obliged to pay consolation money to the plaintiff accordingly.

B. Taking account of various circumstances revealed in the arguments in this case, such as the scope of liability for damages and the amount of consolation money, the period of marriage between the Plaintiff and C, the period and degree of fraudulent act between the Defendant and C, the possibility of continuation of future fraudulent act, and the marriage between the Plaintiff and C, etc., it is reasonable to determine the amount of consolation money to be paid to the Plaintiff as KRW 15,00,000.

C. Accordingly, the Defendant is obligated to pay to the Plaintiff the solatium 15,00,000 and the damages for delay calculated at the rate of 5% per annum under the Civil Act from December 30, 2015 to May 20, 2016, which is the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff as a result of the Defendant’s tort, to the Plaintiff, for the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Thus, the claim of this case is justified within the scope of the above recognition.

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